Introduction to OSHA

OSHA

Occupational Safety and Health Administration

– Responsible for worker safety and health protection

Is there a need for OSHA?

– Each Year

About 6,000 deaths from workplace injuries

An estimated 50,000 deaths from illnesses caused by workplace exposures

6 million non-fatal workplace injuries

Injuries alone cost U.S. businesses more than $125 billion

Has OSHA made a difference?

YES!

Since 1970 OSHA has…

– Cut the work-related fatality rate in half

– Reduced overall injury/illness rates in industries where OSHA concentrated its attention

– Virtually eliminated brown lung disease in the textile industry

– Reduced trenching and excavation fatalities by 35 percent

What does OSHA do?

Encourages employers/employees to reduce workplace hazards and implement new or improve existing safety and health programs. (Raise Awareness)

Develops and enforces mandatory job safety and health standards. (Regulations)

Maintains a reporting and recordkeeping system to monitor job-related injuries/illnesses. (Track Trends)

Provides assistance, training, and other support programs to help employers and workers.

Inspections for compliance, investigate complaints.

Who is covered by the OSH Act?

All employees and their employers under Federal Government authority.

Coverage provided either directly by federal OSHA or through an OSHA-approved state program.

– Twenty-six states operate state plans.

– State plans must cover standards and enforcement programs that are “at least as effective as” the federal OSHA program.

Does not cover the self-employed or immediate members of farm families that do not employ outside workers.

OSHA standards

OSHA is responsible for writing and enforcing standards that employers must follow.

Where OSHA has not issued specific standards, employers are responsible for following the OSH Act's “General Duty Clause.”

States with OSHA-approved programs must set standards at least as effective as federal standards.

Requirements

Determine which OSHA standards apply to your workplace.

Follow the OSHA standards and requirements.

Requirements for Staffing Companies

Multi-employer Workplace Policy

Shared Compliance

– As the employer of record, the staffing firm will carry the responsibility to either enforce compliance or take reasonable steps to assure that the host employer has done so.

Recordkeeping & reporting

Employers of 11 or more employees must maintain records of occupational injuries and illnesses.

All employers must report to OSHA within 8 hours any accident that results in a fatality or in-patient hospitalization of 3 or more employees.

Maintained on a calendar year basis.

Summary of records for the previous year must be posted from February - April.

Workers’ responsibilities

Read the OSHA poster

Follow the employer’s safety and health rules and wear/use all required gear and equipment

Follow safe work practices for your job, as directed by your employer

Report hazardous conditions to a supervisor or safety committee

Report hazardous conditions to OSHA, if employers do not fix them

Cooperate with OSHA inspectors

Workers’ rights

Workers have a vital role to play in identifying and correcting problems in their workplaces, working with their employers whenever possible.

Workers can complain to OSHA about workplace conditions threatening their health or safety in person, by telephone, by fax, by mail, or electronically through OSHA’s website.

Section 11(c) of the OSH Act gives workers the right to seek safe and healthful conditions on the job without being disciplined or fired.

– (see OSHA’s Workers’ web page for more information)

Employers’ rights & responsibilities

Employers must provide a safe and healthful workplace free of recognized hazards and follow the OSHA standards.

The OSH Act grants employers important rights, particularly during and after an OSHA inspection.

Employers also provide training, medical examinations, and recordkeeping.

Workplace inspections

Every establishment covered by the OSH Act is subject to inspection by OSHA compliance safety and health officers (CSHO's).

Most inspections are conducted without advance notice.

Inspection triggers

Imminent Danger

Fatality or catastrophe investigation

Employee complaint

Programmed high hazard inspection

Follow up on previous inspection

Inspection process

CSHO displays official credentials

Opening conference

Walk-around inspection

Closing conference

Why would OSHA come?

Employee Complaint

Inspection of a client

facility…

Serious injury

Fatal injury

Program inspection

Targeted inspection

It should not happen frequently.

– That’s why most people don’t know what to do when it happens!

What are they looking for?

Physical workplace hazards

– Machines

– Slips/Falls

– Electrical

– Health/Sanitation

Recordkeeping

– Injury logs

– Training records

– PPE assessments

– Medical monitoring

What should I do when they inspect?

Ask for identification.

Invite them to your office or conference room to begin the opening conference.

COOPERATE – fix things as they are found (to the extent possible).

Provide copies of documents, not originals.

– Make a copy for yourself and save an “inspection file.”

Call for help, if needed.

Basic conversation rules

Answer all questions, but don’t volunteer information.

Avoid giving opinions or speculating—stick to the facts.

Feel free to ask your own questions.

– Make good use of the opportunity to tap into the inspector’s knowledge (after all, you paid for her/his training!).

Timeframe

It probably won’t be over that day—especially if the inspector finds violations.

A closing conference will be held later to discuss findings and assessments (if any).

It may be several months before the inspection is completely closed.

Costs

When OSHA calls

Be confident, knowing you are prepared.

Verify the inspector’s credentials.

Cooperate with the inspector, keeping good notes and a duplicate copy of all materials that s/he requests.

Ask you own questions.

Ask for help from internal and external sources (corporate office, attorney, RCS).

Post inspection

OSHA may or may not issue citations.

Citations inform employer and employees of the regulations and standards allegedly violated and of the proposed time for abatement.

Employer must post a copy of each citation at or near place where violation occurred, for 3 days or until violation is corrected, whichever is longer.

Summary

OSHA helps save lives and prevent injuries.

OSHA balances a cooperative approach with traditional enforcement.

OSHA standards are the enforceable requirements for worker safety and health.

Inspections are OSHA’s way to ensure compliance.

OSHA offers various means of assistance.